A Kiwi doctor who sexually assaulted multiple patients in Australia said he’d never faced a complaint before his arrest. But Dr Sharif Fattah, 63, had been the subject of three complaints in New Zealand before he moved to Australia and offended against his patients between September 2016 and March 2017. He was found guilty by a Sydney Court in May this year on counts of sexual intercourse without consent and indecent assault involving 10 female patients. Following his arrest in Australia questions were asked about previous charges he had faced. The Judge’s sentencing notes reveal Dr Fattah told the court-appointed psychologist that he had ‘’never been the subject of a complaint’’. But following an investigation, it was revealed Dr Fattah had faced three complaints in New Zealand: one which led to him being reminded of his workplace chaperoning policy when examining female patients, one which was investigated but not upheld, and a third that was upheld. Health and Disability Commissioner Anthony Hill said he was ‘’extremely concerned’’ about the behaviour of Dr Fattah. His office found he’d breached a patient’s rights during an intimate examination. The HDC found that it was more likely than not that Dr Fattah touched the patient’s genitals and inserted his finger or fingers inside her during an abdominal examination. Dr Fattah denied there had been any internal examination. The HDC laid a charge of professional misconduct which was then investigated by the Health Practitioners Disciplinary Tribunal, but it was not upheld due to insufficient evidence. The Tribunal noted it was ‘’not a case necessarily of saying that the doctor’s version was preferred over that of the patient’’. It recommended Dr Fattah take advice and courses to improve his communication with patients. Conditions were placed on Dr Fattah while the investigation was carried out, but these were lifted in December 2014. He gained registration to work in Australia a year later. The NZ Medical Council said Dr Fattah would have had to make certain disclosures about his disciplinary history when applying to work in Australia, but it is unclear whether he did.
September 9, 2019
Kirkbrae Presbyterian Homes has a s.739 (Application to deal with a dispute) with which it must deal before Deputy President Masson in Court 5 – Level 6 and Conference Room D -Level 6 in Melbourne (Ford).
September 9, 2019
Royal Flying Doctor Service Victoria has a s.739 (Application to deal with a dispute) to face in front of Fair Work Deputy President Colman in chambers in Melbourne (Lawrence).
September 9, 2019
An application for approval of the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Enterprise Agreement (2018) (s.185 – Application for approval will be heard by Fair Work Deputy President Colman in chambers in Melbourne.
September 6, 2019
The AMA (Victoria) Ltd & Australian Salaried Medical Officers Federation and Alfred Health & Bendigo Health and Others have a s.739 (Application to deal with a dispute) raging before Commissioner Gregory in Court 5 – Level 6 and Conference Room D – Level 6 in Melbourne.
September 6, 2019
St Vincent’s Pathology is dealing with a s.739 (Application to deal with a dispute) in front of Fair Work Commissioner Cirkovic in Court 3 – Level 6 and Conference Room B – Level 6 in Melbourne (Godfrey).
September 6, 2019
A s.185 (Enterprise agreement) application from Ramsay Health Care Australia Pty Ltd for the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2019 has been ratified by Fair Work Commissioner Williams sitting in Perth on 4 September 2019.
September 6, 2019
A drug-using nurse employed by the Royal Adelaide Hospital ran over a woman in her car before fleeing the scene, leaving the victim with a severe brain injury, a court has heard. The District Court is preparing to sentence Annette Susan La Roche, 38, who pleaded guilty on the first day of her trial to causing harm by dangerous driving and leaving an accident scene. The court heard La Roche had been in a “toxic relationship” with her boyfriend, involving illicit drug use, while she was employed as a nurse at the hospital. In July 2017, after the relationship had ended, the court heard La Roche went to her ex-boyfriend’s house in Smithfield, in Adelaide’s north, “to annoy him” and to collect money owed. It heard when a woman approached her car armed with a bat, La Roche ran her over and drove off, leaving the victim with a severe brain injury. Defence lawyer Andy Ey told the court his client was not expecting the victim to approach her car with a weapon. Mr Ey said La Roche had her niece and friends in the car with her at the time and when the victim approached they started screaming and “it all happened very quickly”. “My client’s window was down, she was concerned for her vehicle and her own safety,” he said. The court heard La Roche reversed before driving forward and driving over the victim. “She didn’t intend to hit the victim or harm her in any way,” Mr Ey said. “If she had her time again, she simply would have kept reversing, rather than making the decision in the heat of the moment to move forward and turn around.” After running the woman over, La Roche called in sick to work at the hospital and went to a friend’s house. She turned herself in at a police station the following day.
